Bill Text: TX HB4765 | 2019-2020 | 86th Legislature | Enrolled

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Bill Title: Relating to the creation of the Harris County Improvement District No. 27; granting a limited power of eminent domain; providing authority to issue bonds; providing authority to impose assessments, fees, and taxes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2019-06-07 - Effective immediately [HB4765 Detail]

Download: Texas-2019-HB4765-Enrolled.html

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H.B. No. 4765

AN ACT
relating to the creation of the Harris County Improvement District
No. 27; granting a limited power of eminent domain; providing
authority to issue bonds; providing authority to impose
assessments, fees, and taxes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle F, Title 6, Special District Local Laws
Code, is amended by adding Chapter 7887 to read as follows:
CHAPTER 7887. HARRIS COUNTY IMPROVEMENT DISTRICT NO. 27
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 7887.0101. DEFINITIONS. In this chapter:
(1) "Board" means the district's board of directors.
(2) "Commission" means the Texas Commission on
Environmental Quality.
(3) "Director" means a board member.
(4) "District" means the Harris County Improvement
District No. 27.
Sec. 7887.0102. NATURE OF DISTRICT. The district is a
municipal utility district created under Section 59, Article XVI,
Texas Constitution.
Sec. 7887.0103. CONFIRMATION AND DIRECTOR ELECTION
REQUIRED. The temporary directors shall hold an election to
confirm the creation of the district and to elect five permanent
directors as provided by Section 49.102, Water Code.
Sec. 7887.0104. CONSENT OF MUNICIPALITY REQUIRED. The
temporary directors may not hold an election under Section
7887.0103 until each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located has
consented by ordinance or resolution to the creation of the
district and to the inclusion of land in the district.
Sec. 7887.0105. FINDINGS OF PUBLIC PURPOSE AND BENEFIT.
(a) The district is created to serve a public purpose and benefit.
(b) The district is created to accomplish the purposes of:
(1) a municipal utility district as provided by
general law and Section 59, Article XVI, Texas Constitution; and
(2) Section 52, Article III, Texas Constitution, that
relate to the construction, acquisition, improvement, operation,
or maintenance of macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7887.0106. INITIAL DISTRICT TERRITORY. (a) The
district is initially composed of the territory described by
Section 2 of the Act enacting this chapter.
(b) The boundaries and field notes contained in Section 2 of
the Act enacting this chapter form a closure. A mistake made in the
field notes or in copying the field notes in the legislative process
does not affect the district's:
(1) organization, existence, or validity;
(2) right to issue any type of bond for the purposes
for which the district is created or to pay the principal of and
interest on a bond;
(3) right to impose a tax; or
(4) legality or operation.
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 7887.0201. GOVERNING BODY; TERMS. (a) The district is
governed by a board of five elected directors.
(b) Except as provided by Section 7887.0202, directors
serve staggered four-year terms.
Sec. 7887.0202. TEMPORARY DIRECTORS. (a) On or after the
effective date of the Act enacting this chapter, the owner or owners
of a majority of the assessed value of the real property in the
district may submit a petition to the commission requesting that
the commission appoint as temporary directors the five persons
named in the petition. The commission shall appoint as temporary
directors the five persons named in the petition.
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 7887.0103; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 7887.0103 and the terms of the temporary directors have
expired, successor temporary directors shall be appointed or
reappointed as provided by Subsection (d) to serve terms that
expire on the earlier of:
(1) the date permanent directors are elected under
Section 7887.0103; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(d) If Subsection (c) applies, the owner or owners of a
majority of the assessed value of the real property in the district
may submit a petition to the commission requesting that the
commission appoint as successor temporary directors the five
persons named in the petition. The commission shall appoint as
successor temporary directors the five persons named in the
petition.
SUBCHAPTER C. POWERS AND DUTIES
Sec. 7887.0301. GENERAL POWERS AND DUTIES. The district
has the powers and duties necessary to accomplish the purposes for
which the district is created.
Sec. 7887.0302. MUNICIPAL UTILITY DISTRICT POWERS AND
DUTIES. The district has the powers and duties provided by the
general law of this state, including Chapters 49 and 54, Water Code,
applicable to municipal utility districts created under Section 59,
Article XVI, Texas Constitution.
Sec. 7887.0303. AUTHORITY FOR ROAD PROJECTS. Under Section
52, Article III, Texas Constitution, the district may design,
acquire, construct, finance, issue bonds for, improve, operate,
maintain, and convey to this state, a county, or a municipality for
operation and maintenance macadamized, graveled, or paved roads, or
improvements, including storm drainage, in aid of those roads.
Sec. 7887.0304. ROAD STANDARDS AND REQUIREMENTS. (a) A
road project must meet all applicable construction standards,
zoning and subdivision requirements, and regulations of each
municipality in whose corporate limits or extraterritorial
jurisdiction the road project is located.
(b) If a road project is not located in the corporate limits
or extraterritorial jurisdiction of a municipality, the road
project must meet all applicable construction standards,
subdivision requirements, and regulations of each county in which
the road project is located.
(c) If the state will maintain and operate the road, the
Texas Transportation Commission must approve the plans and
specifications of the road project.
Sec. 7887.0305. COMPLIANCE WITH MUNICIPAL CONSENT
ORDINANCE OR RESOLUTION. The district shall comply with all
applicable requirements of any ordinance or resolution that is
adopted under Section 54.016 or 54.0165, Water Code, and that
consents to the creation of the district or to the inclusion of land
in the district.
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS
Sec. 7887.0401. ELECTIONS REGARDING TAXES OR BONDS. (a)
The district may issue, without an election, bonds and other
obligations secured by:
(1) revenue other than ad valorem taxes; or
(2) contract payments described by Section 7887.0403.
(b) The district must hold an election in the manner
provided by Chapters 49 and 54, Water Code, to obtain voter approval
before the district may impose an ad valorem tax or issue bonds
payable from ad valorem taxes.
(c) The district may not issue bonds payable from ad valorem
taxes to finance a road project unless the issuance is approved by a
vote of a two-thirds majority of the district voters voting at an
election held for that purpose.
Sec. 7887.0402. OPERATION AND MAINTENANCE TAX. (a) If
authorized at an election held under Section 7887.0401, the
district may impose an operation and maintenance tax on taxable
property in the district in accordance with Section 49.107, Water
Code.
(b) The board shall determine the tax rate. The rate may not
exceed the rate approved at the election.
Sec. 7887.0403. CONTRACT TAXES. (a) In accordance with
Section 49.108, Water Code, the district may impose a tax other than
an operation and maintenance tax and use the revenue derived from
the tax to make payments under a contract after the provisions of
the contract have been approved by a majority of the district voters
voting at an election held for that purpose.
(b) A contract approved by the district voters may contain a
provision stating that the contract may be modified or amended by
the board without further voter approval.
SUBCHAPTER E. BONDS AND OTHER OBLIGATIONS
Sec. 7887.0501. AUTHORITY TO ISSUE BONDS AND OTHER
OBLIGATIONS. The district may issue bonds or other obligations
payable wholly or partly from ad valorem taxes, impact fees,
revenue, contract payments, grants, or other district money, or any
combination of those sources, to pay for any authorized district
purpose.
Sec. 7887.0502. TAXES FOR BONDS. At the time the district
issues bonds payable wholly or partly from ad valorem taxes, the
board shall provide for the annual imposition of a continuing
direct ad valorem tax, without limit as to rate or amount, while all
or part of the bonds are outstanding as required and in the manner
provided by Sections 54.601 and 54.602, Water Code.
Sec. 7887.0503. BONDS FOR ROAD PROJECTS. At the time of
issuance, the total principal amount of bonds or other obligations
issued or incurred to finance road projects and payable from ad
valorem taxes may not exceed one-fourth of the assessed value of the
real property in the district.
SECTION 2. The Harris County Improvement District No. 27
initially includes all the territory contained in the following
area:
LEGAL DESCRIPTION
TRACT ONE: Fieldnotes for 28.8778 acres of land out of the Amos
Barber Survey, Abstract No. 125 in Harris County, Texas, being out
of and a part of that certain 28.2586 acre tract of land conveyed to
Craig Nelson, Trustee, as described in deed recorded under County
Clerk's File No. T275175 of the Real Property Records of Harris
County, and all of that certain 16.2039 acre tract of land conveyed
to Northwood North Venture, L.P ., and described as "Tract II" in
deed recorded under County Clerk's File No. T951125 of the said
Real Property Records, said 28.8778 acres of land being more
particularly described by metes and bounds as follows:
COMMENCING at a 1 1/4 inch steel pipe at the base of a 30 inch
Cypress tree found in the West line of the said Amos Barber Survey,
marking the Northeast corner of the Richard B. West Survey.
Abstract No. 860, and the Southeast corner of the H.T. & B.R.R.
Survey, Abstract No. 385, said point also being the Southeast
corner of the residue of that certain 69.3518 acre tract of land
conveyed to Westfield Properties, Inc., as described in deed
recorded under County Clerk's File No. M751039 of the said Real
Property Records, said point also being in the West line of that
certain 4.0000 acre tract of land conveyed to Ricardo F de
Ibarlucea, et al, as described in deed recorded under County
Clerk's File No. M383506 of the said Real Property Records;
Thence, North 33° 19' 42" West, 469.82 feet with the East line of the
said 69.3518 acre tract and the said H.T. & B.R.R. Survey, and with
the West line of the said 4.000 acre tract and the said Amos Barber
Survey, and generally along a barbed wire fence line to a 5/8 inch
steel rod found marking the Southwest corner and PLACE OF BEGINNING
for the herein described tract of land, said point being the most
Southerly or Southwest corner of the said 28.2586 acre tract, said
point also being the Northwest corner of the said 4.0000 acre tract;
Thence, continuing with the East line of the said 69.3518 acre tract
and the said H.T.& B.R.R. Survey. And with the common West line of
the said 28.2586 acre tract and the said Amos Barber Survey, and
generally along a barbed wire fence line. North 33° 19' 42" West,
971.92 feet to a 5/8 inch steel rod with cap set for the most
Westerly or Northwest corner of the herein described tract, said
point being the most Southerly or Southwest corner of that certain
14.3 acre tract of land conveyed to Aldine Independent School
District, as described in deed recorded under Clerk's File
No. 20060195978 of Real Records;
Thence, North 57° 58' 17" East, 771.54 Feet with the Southeast line
of the said 14.3 acre tract to a 3/8 inch steel rod found at an angle
point for the herein described tract, said point being the most
Easterly or Southeast corner of the said 14.3 acre tract and the
Northwest corner of the said 16.2039 acre tract, Northwood North
Venture, L.P., as described in deed recorded under County Clerk's
File No. 20060015817 of the said Real Property Records;
Thence, North 79° 11' 19" East, 599.93 feet with the South line of
the said 0.8253 acre tract and the North line of the said 16.2039
acre tract to a 3/8 inch steel rod found in the West line of Rayford
Road, based on an 80 foot right-of-way-, marking the Northeast
corner of the said 16.2039 acre tract and the herein described
tract, said the Southeast corner of the said 0.8253 acre tract, said
point also being in a non-tangent curve to the right having a radius
of 20000.00 feet and a central angle of 00° 56' 33";
Thence, in a Southerly direction, with the West line of said Rayford
Road and the East line of the said 16.2039 acre tract, and with the
said curve to the right having a radius of 2000.00 feet (chord
bearing South 11°18' 59" East, 32.90 feet an arc distance of 32.90
feet to a 5/8 inch steel rod set at a point of tangency;
Thence, continuing with the West line of said Rayford Road and the
East line of the said 16.2039 acre tract, South 10° 50' 43" East,
428.57 feet to a 5/8 inch steel rod set at a point of curve to the
right having a radius of I 120.00 feet and a central angle of 50°39'
42";
Thence, continuing with the West line of said Rayford Road and the
East line of the said 16.2039 acre tract, and with the said curve to
the right having a radius of 1120.00 feet (chord bearing South 14°
29 '08" West, 958.37 feet), an arc distance of 990.32 feet to a 5/8
inch steel rod set at a point of tangency;
Thence, continuing with the Northwesterly line of said Rayford Road
and the Southeasterly line of the said 16.2039 acre tract, South 39°
48' 59" West, 125.77 feet to a 5/8 inch steel rod set at a point of
curve to the left having a radius of 1180.00 feet and a central
angle of 5°45' 53";
Thence, continuing with the Northwesterly line of said Rayford Road
and the Southeasterly line of the said 16.2039 acre tract, and with
the said curve to the left having a radius of 1180.00 feet (chord
bearing South 36° 56' 02" West, 118.67 feet), an arc distance of
118.72 feet to a 5/8 inch steel rod set for the most Southerly
corner of the said 16.2039 acre tract and the herein described
tract. said point also the Southeast corner of the aforesaid
Ricardo F. de Ibarlucea, 4.0000 acre tract;
Thence, North 11° 50' 34" West, 453.44 feet with the East line of the
said 4.0000 acre tract and the West line of the said 16.2039 acre
tract to a 5/8 inch steel rod found at an interior ell corner of the
herein described tract, said point also being the Northeast corner
of the said 4.0000 acre tract and the Southeast corner of the
aforesaid 28.2586 acre tract;
Thence, South 56°40' 34" West, 373.21 feet with the North line of the
said 4.0000 acre tract and the South line of the said 28.2586 acre
tract to the PLACE OF BEGINNING and containing 28.8778 acres or
1.257.915 square feet of land, more or less.
TRACT TWO: Fieldnotes for 0.1782 acre of land out of the Amos Barber
Survey, Abstract No. 125 and the Richard B. West Survey, Abstract
No. 860 in Harris County, Texas, being out of and a part of that
certain 0.65 acre tract of land described in instrument recorded in
Volume 3118, Page 422 of the Deed Records of Harris County, and
being that same 0.1782 acre tract of land conveyed to Northwood
North Venture, L.P., and described as "Tract III" in deed recorded
under County Clerk's File No. T951125 of the Real Property Records
of Harris County, said 0.1782 acre of land being more particularly
described by metes and bounds as follows:
COMMENCING at a 5/8 inch steel rod found in the called North line of
the Amos Barber Survey marking the Northwest corner of Forest
Shadows Subdivision, Section I, the map or plat of same being
recorded in Volume 58, Page 54 of the Map Records of Harris County,
said point also being the Northeast corner of that certain 83.156
acre tract of land described in instrument recorded in Volume 7263,
Page 325 of the said Deed Records, and that certain 20.000 acre
tract of land conveyed to the Aldine Independent School District
and described as "Tract 2" in deed recorded under County Clerk's
File No. D456846 of the said Real Property Records;
Thence, South 32°05'03" East with the West line of Forest Shadows
Subdivision, Sections 1, 2 and 3 and with the East line of the said
83.156 acre tract and the said 20.000 acre tract, at 1501.54 feet
passing a 5/8 inch steel rod set at the Northeast corner of that
certain (called) 27.2585 acre tract of land conveyed to Northwood
North Venture. L.P., and described as 'Tract I" in deed recorded
under County Clerk's File No. T951125 of the said Real Property
Records, said point also being the Southeast corner of the said
20.000 acre tract, and continuing with the West line of said Forest
Shadows Subdivision, Section 3, the map or plat of same being
recorded in Volume 153, Page 123 of the said Map Records, the West
line of Forest Shadows, Section 4, the map or plat of same being
recorded in Volume 174, Page 115 of the said Map Records, and the
East line of the said called 27.2585 acre tract in all, a total
distance of 2327.58 feet to a 5/8 inch steel rod set for the
Southeast corner of the said called 27 .2585 acre tract, said point
also being the Northeast corner of that certain 7.549 acre tract of
land conveyed to the Harris County Flood Control District, as
described in deed recorded under County Clerk's File No. J175685 of
the said Real Property Records;
Thence, South 57° 26' 45" West 603.75 with the South line of the said
called 27.2585 acre tract and with the North line of said 7.549 acre
tract to a 5/8 inch steel rod set at an angle point;
Thence, continuing with the South line of the said called 27.2585
acre tract and the North of the said 7.549 acre tract, South 66° 43'
00" West, 900.00 feet to a 5/8 inch steel rod set at a point of cure
to the left having a radius of 695.00 feet and a central angle of 37°
32' 04";
Thence continuing with Southerly line of said called 27.2585 acre
tract and the Northerly line of said 7.549 acre tract and with the
said curve to the left having a radius of 695.000 feet (chord
bearing South 47° 56' 58" West, 447.20 feet), an arc distance of
455.29 feet to a 5/8 inch steel rod set for the Southwest corner of
the said called 27.2585 acre tract, and an point of the said 7.549
acre tract;
Thence, South 12° 28' 19" East, 46.20 feet with a Westerly line of
the said 7.549 acre tract to an ell corner, said point also being
the most Northerly corner of the aforesaid 0.65 acre tract;
Thence, South 55° 47' 26" West. 54.87 feet with the Northwesterly
line of the said 0.65 acre tract and the Westerly line of the said
7.549 acre tract to a 5/8 inch steel rod set for the most Northerly
corner and PLACE OF BEGINNING for the herein described tract of
land, said point also being an angle point in the Westerly line of
the said 7.549 acre tract, said point also being in a non-tangent
curve to the left having a radius of 695.00 feet and a central angle
of 10° 41 '35";
Thence, in a Southwesterly direction with the Westerly line of the
said 7.549 acre tract and with the said curve to the left having a
radius of 695.00 feet (chord bearing South 17° 11' 02" West, 129.52
feet), an arc distance of 129.71 feet to a 5/8 inch steel rod set at
a point of tangency;
Thence, continuing with the Westerly line of the said 7.549 acre
tract, South 11° 50' 14" West, 32.84 feet to a 5/8 inch steel rod set
in the North line of FM. Highway No. 1960, based on a 170 foot
right-of-way, for the Southeast corner of the herein described
tract, said point also being the Southwest corner of the said 7.549
acre tract;
Thence, North 78° 09' 14" West, 63.90 feet with the North line of
said FM. Highway No. 1960 to a 5/8 inch steel rod set at its
intersection with the East line of Rayford Road, based on an 80 foot
right-of-way, for the Southwest corner of the herein described
tract, said point also being in a non-tangent curve to the right
having a radius of 1100.00 feet and a central angle of 04° 31' 15";
Thence, in a Northeasterly direction with the East line of said
Rayford Road and the said curve to the right having a radius of
1100.00 feet (chord bearing North 14° 11' 49" East, 86.77 feet), an
arc distance of 86.79 feet to a 5/8 inch steel rod set in the North
line of the aforesaid 0.65 acre tract for the Northwest corner of
the herein described tract;
Thence, North 55° 47' 26" East, 104.31 feet with the North line of
the said 0.65 acre tract to the PLACE OF BEGINNING and containing
0.1782 acre or 7,764 square feet of land, more or less.
TRACT THREE: Fieldnotes for 27.2273 acres of land out the Amos
Barber Survey Abstract No. 125 in Harris County, Texas, being out
of and part of the certain 83.156 acre tract of land described in
instrument recorded in Volume 7263, Page 325 of the Deed Records of
Harris County, and being the same (called) 27.2585 acre tract of
land conveyed to Northwood North Venture, L.P., and described as
"Tract I" in deed recorded under County Clerk's No.. T951125 of the
Real Property Records of Harris County, said 27.2273 acres
described by metes and bounds as follows:
COMMENCING in a point in the called North line of the Amos Barber
Survey at the Northwest corner of Forest Shadows Subdivision,
Section I, the map or plat of same being recorded in Volume58, Page
54 of the Map Records of Harris County, said point also the
Northeast corner of the said 83.156 acre tract and that certain
20.000 acre tract of land conveyed to the Aldine Independent School
District and described as "Tract 2" in deed recorded under Clerk's
File No. D456846 of the said Real Property Records;
Thence, South 32° 05 03" East (called South 32° 08' 41" East in
vesting deed), 1501.54 feet with the West line of Forest Shadows
Subdivision, Sections 1, 2 and 3 and with the East line of the said
83.156 acre tract and the said 20.000 acre tract to a 5/8 inch steel
rod set for the Northeast corner and PLACE OF BEGINNING for the
herein described tract of land, said point being the Southeast
corner of the said 20.000 acre tract, said point also being in the
West line of said Forest Shadows Subdivision, Section 3, the map or
plat of same recorded in Volume 153, Page 123 of the said Map
Records;
Thence continuing with the West line of the said Forest Shadows
Subdivision, Section 3, and the East line of the said 83.156 acre
tract, South 32° 05' 03" East, at 260 feet passing the Southwest
corner of said Section 3 and the Northwest corner of Forest Shadows,
Section 4, the map or plat of same being recorded in Volume 174,
Page 115 of the said Map Records, and continuing with the West line
of said Section 4 in all, a total distance of 826.04 feet to a 5/8
inch steel rod set for the Southeast corner of the herein described
tract, said point also being the Northeast corner of that certain
7.549 acre tract of land conveyed to the Harris Flood Control
District, as described in deed recorded under Clerk's File
No. J175685 of the said Real Records;
Thence, South 57° 26' 45" West, 603.75 feet with the North line of
the said 7,549 acre tract to a 5/8 inch steel rod set as an angle
point;
Thence, continuing with the North line of the said 7.549 acre tract,
South 66° 43' 00" West, 900.00 feet (called South 67° 21' 27" West in
7.549 acre deed) to a 5/8 inch steel rod set at a point of curve to
the left having a radius of 695.00 feet and a central angle of 37°
32' 04";
Thence, continuing Northwesterly line of the said 7.549 acre tract
and with the said curve to the left having a radius of 695.00 feet
and central angle of 47° 56' 58" West, 447.20 feet), an arc distance
of 455.29 feet to a 5/8 inch steel rod set or the Southwest corner of
the herein described tract;
Thence, North 11° 50' 34" West, 103.53 feet to a 5/8 inch steel rod
set in the Southeasterly line of Rayford Road, based on an 80 foot
right-of-way, said point being in a non-tangent curve to the right
having a radius of 1100.00 feet and a central angle of 9° 57' 21";
Thence, in a Northeasterly direction with the Southeasterly line of
said Rayford Road and with the said curve to the having a radius of
1100.00 feet (chord bearing North 34° 50' 18" East, 190.90 feet), an
arc distance of 191.14 feet to a 5/8 inch steel rod set at a point of
tangency;
Thence, continuing with the Southeasterly line of said Rayford
Road, North 39°48' 59" East, 125.77 feet to a 5/8 inch steel rod set
at a point of curve to the left having a radius of 1200.00 feet and a
central angle of 50° 39'42";
Thence, continuing with the Southeasterly line of said Rayford Road
and with the said curve to the left having a radius of 1200.00 feet
(chord bearing North 14° 29' 08" East, 1026.83 feet), an arc
distance of 1061.06 feet to a 5/8 inch steel rod set at a point of
tangency;
Thence, continuing with an Easterly line of said Rayford Road,
North 10°50'43" West, 174.19 to a 5/8 inch steel rod set for the
Northwest corner of the herein described tract, said point also
being the Southwest corner of the aforesaid Aldine Independence
School District 20.000 acre tract;
Thence, North 79°09'40" East. 851.68 feet with the South line of the
said 20.000 acre tract to the PLACE OF BEGINNING and containing
27.2273 acres or 1,186,023 square feet of land, more or less.
SECTION 3. (a) The legal notice of the intention to
introduce this Act, setting forth the general substance of this
Act, has been published as provided by law, and the notice and a
copy of this Act have been furnished to all persons, agencies,
officials, or entities to which they are required to be furnished
under Section 59, Article XVI, Texas Constitution, and Chapter 313,
Government Code.
(b) The governor, one of the required recipients, has
submitted the notice and Act to the Texas Commission on
Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 4. (a) If this Act does not receive a two-thirds
vote of all the members elected to each house, Subchapter C, Chapter
7887, Special District Local Laws Code, as added by Section 1 of
this Act, is amended by adding Section 7887.0306 to read as follows:
Sec. 7887.0306. NO EMINENT DOMAIN POWER. The district may
not exercise the power of eminent domain.
(b) This section is not intended to be an expression of a
legislative interpretation of the requirements of Section 17(c),
Article I, Texas Constitution.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4765 was passed by the House on May
17, 2019, by the following vote: Yeas 125, Nays 22, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4765 was passed by the Senate on May
22, 2019, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor